Democratic Midterm Wins Put College Sports Bill in Jeopardy
On November 4, attorneys said the Protect College Sports Act was unlikely to advance before the current Congress ends on January 3, after Democrats won control of both chambers in the November 3 midterm elections. The bill, led by Republican Sen. Ted Cruz, passed the Senate 77-22 on September 28 and is awaiting House action.
The remaining legislative calendar is compressed, and House Republican leaders have said they want changes. Any revisions would require another Senate vote. Sports lawyers interviewed put the chances of passage before January at low, with one estimating an 80% chance the bill will fail. If it does not pass, it would need to be introduced again in the next Congress.
Several incoming Democratic leaders have criticized the measure. Hakeem Jeffries has opposed it, while Sen. Cory Booker argued it undermines athletes’ rights. The bill’s critics say it could limit athletes’ earnings and create an antitrust exemption. Sen. Jon Ossoff, by contrast, voted for the bill, as did 25 other Democrats. Senator-elect Josh Turek has also expressed support.
The bill’s supporters have presented it as a way to stabilize college sports. If it stalls, current systems—including the court-approved settlement for college sports, the governing body for college athletics and the NIL Go platform—will continue, while remaining subject to antitrust challenges and differing state laws. Lawyers expect college sports stakeholders to return to Congress in 2027; future legislation could include collective bargaining rights for athletes and may differ substantially from the current bill.
College Sports Bill Faces Pushback Over Athlete Rights
The Protect College Sports Act is nearing a legislative dead end just as a new Congress more skeptical of its approach prepares to take office. Democrats won control of the House and Senate in the November 3 midterms, leaving little time for the bill to clear the House before January 3.
The measure passed the Senate 77-22 on September 28, but its critics have raised concerns that it could constrain the earnings of college basketball and football players and create an antitrust exemption. Hakeem Jeffries opposes it, and Cory Booker has argued that it undermines young athletes’ rights. Booker and Sen. Chris Murphy also proposed a coaching-salary cap amendment; it lost 52-47.
The new Democratic majority will have a central role in deciding whether Congress revisits the issue. Sen. Chuck Schumer has said Congress should provide clarity for college sports, but voted against this bill. Sen. Jon Ossoff supported it, as did 25 other Democrats, and senator-elect Josh Turek has also voiced support.
If the current bill fails, lawmakers may have to start over in 2027. Future legislation could look substantially different and could address collective bargaining rights. In the meantime, the current college sports system will remain exposed to antitrust challenges and conflicts among state laws.
Democratic Takeover Threatens College Sports Stability Bill
A bill intended to bring stability to college sports now faces an uncertain path after Democrats won control of the House and Senate in the November 3 midterms. The Protect College Sports Act passed the Senate 77-22 on September 28, but it still needs House approval before the current Congress ends January 3.
Time is short, and House Republican leaders want changes that would send the measure back to the Senate. Sports lawyers say passage is unlikely, with one estimating an 80% chance the bill will fail. Democrats have little incentive to deliver a legislative win to the outgoing majority, one attorney said.
The consequences extend beyond the bill’s fate. Without new federal legislation, the court-approved settlement for college sports, the governing body for college athletics and the NIL Go platform will continue operating, while their rules remain subject to antitrust lawsuits and conflicting state laws. Attorneys expect college sports stakeholders to return to Congress in 2027 as the financial stakes continue to grow.
Democratic opposition is not unanimous: Jon Ossoff voted for the bill, and senator-elect Josh Turek has supported it. But key incoming leaders, including Hakeem Jeffries and Chuck Schumer, have opposed the current measure. A future bill may include collective bargaining rights and could look materially different, leaving the effort to establish a durable national framework for another Congress.
Reported by The Daily Wire, Sports Illustrated.
